Heated tobacco, e-cigarettes, and nicotine pouches will soon have to follow the same requirements as traditional tobacco under an amendment to Korea’s Tobacco Business Act. Photo credit: Olena Bohovyk, Pexels.
South Korea moved a step closer to regulating synthetic nicotine as tobacco after the National Assembly’s Legislation and Judiciary Committee approved an amendment to the Tobacco Business Act on November 26. Lawmakers advanced a long-delayed effort to close loopholes that allow synthetic nicotine e-cigarettes to avoid the controls that apply to traditional tobacco products. The bill goes to a plenary vote on December 9.
Synthetic nicotine sits outside the current legal definition of tobacco, which enables online sales and distribution through vending machines. Health officials and lawmakers say this gap drives youth use and gives a fast-growing nicotine market room to expand with little oversight. Regulators first opened discussions in 2016 but struggled to move forward as small and medium-sized vape companies pushed back over potential costs.
The amendment expands the definition of tobacco from “tobacco leaf” to “tobacco or nicotine,” which brings synthetic nicotine e-liquids and related products under full regulatory and tax rules. Heated tobacco, e-cigarettes, and nicotine pouches would follow the same requirements as traditional tobacco, including offline-only sales and tighter retail oversight. Online sales of synthetic nicotine would end 4 months after the law takes effect.
To discourage stockpiling, the government shortened the implementation period from 6 months to 4 and created rules requiring clearer labeling of manufacturing and import dates. Authorities plan to inspect existing inventories for harmful substances and work with local governments to prevent excessive purchasing before the law changes. E-cigarette retailers will have 2 years to meet tobacco-outlet requirements.
During a committee session on November 12, lawmakers raised concerns that the amendment does not cover “similar nicotine,” substances with nicotine-like chemical structures that regulators do not classify as nicotine. Critics say manufacturers could use these compounds to avoid the new rules. People Power Party lawmaker Na Kyung-won said that defining tobacco solely by nicotine content “makes it difficult to regulate similar nicotine and liquid mixtures with narcotics that exploit this,” and called for further reforms.
Lawmakers also argued over the grace period. Democratic Party lawmaker Kim Ki-pyo said manufacturers could mass-produce products before the law takes effect because nicotine and additives do not expire, which would weaken enforcement. Officials cut the grace period to 4 months to prevent this and added requirements for harm assessments after implementation. Deputy prime minister and finance minister Koo Yun-cheol told the committee that the Ministry of Food and Drug Safety already oversees similar nicotine and that related regulatory bills are awaiting review in the National Assembly.
Public health experts supported the amendment but stressed that major issues remain unresolved. The Korea Society for Smoking Cessation and Health warned that similar-nicotine products could spread as companies search for new loopholes. Some parliamentary staff said the amendment needed urgent approval but still requires further work to make enforcement effective.
The e-cigarette industry responded with caution. Kim Do-hwan, vice president of the Korea Electronic Cigarette Association, said the decision was welcome but criticized the 2-year grace period for vending-machine sales because it prolongs uncertainty for retailers.
Other industry representatives objected to taxing synthetic nicotine at the same rate as traditional tobacco. Natural nicotine e-liquids currently face a tax of KRW1,799 (US$1.37) per milliliter. Applying that rate to synthetic nicotine would add roughly KRW54,000 (US$41.27) in taxes to a 30-milliliter bottle. One representative said synthetic nicotine has a different cost and production structure than leaf-derived nicotine and argued that equal taxation “burdens small businesses,” calling for reasonable adjustments in the detailed rules.